This document is an excerpt from the EUR-Lex website
Document 62011CN0547
Case C-547/11: Action brought on 28 October 2011 — European Commission v Italian Republic
Case C-547/11: Action brought on 28 October 2011 — European Commission v Italian Republic
Case C-547/11: Action brought on 28 October 2011 — European Commission v Italian Republic
OJ C 13, 14.1.2012, p. 6–7
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
14.1.2012 |
EN |
Official Journal of the European Union |
C 13/6 |
Action brought on 28 October 2011 — European Commission v Italian Republic
(Case C-547/11)
2012/C 13/13
Language of the case: Italian
Parties
Applicant: European Commission (represented by: B. Stromsky and D. Grespan, Agents)
Defendant: Italian Republic
Form of order sought
The Commission claims that the Court should:
— |
declare that:
|
— |
order Italy to pay the costs. |
Pleas in law and main arguments
The period for implementing Decision 2006/323 expired on 8 February 2006. The period for implementing Decision 2007/375 expired on 8 June 2007.
To date, the Italian Republic has not yet undertaken the full recovery of the aid declared unlawful by the decisions in question or informed the Commission that recovery has taken place. Moreover, the legal difficulties relied on by Italy as justification for the delay in implementing those decisions are not such as to make recovery absolutely impossible in accordance with the case-law of the Court.
The Commission complains next that, in breach of the obligation under the decisions in question to communicate information, Italy was late in informing it of the progress of the national procedures for implementing the decisions.